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S7829 - Details

Current Committee:

Law Section:

General Business Law

Laws Affected:

Add Art 38-B §825, Gen Bus L

S7829 - Summary

Requires a national instant criminal background check to be conducted on each individual who purchases ammunition; requires dealer to forward information on such sale to the division of criminal justice services; makes a violation of such provisions a class A misdemeanor.

S7829 - Sponsor Memo

BILL NUMBER:S7829
TITLE OF BILL:
An act to amend the general business law, in relation to requiring a
national instant criminal background check to be conducted on each
person purchasing ammunition
PURPOSE:
Requires a national instant criminal background check to be conducted
on each individual who purchases ammunition.
SUMMARY OF PROVISIONS:
Section 1. Amends the business law to require that prior to the retail
sale or transfer of firearm ammunition, the dealer must conduct a
national instant criminal background check pursuant to 18 U.S.C. §922
and deny sale if the purchaser or transferee fails said background
check. It also creates a recording requirement, whereby the retail
dealer must record certain indentifying information about the
purchaser and ammunition, furnish the record to the Department of
Criminal Justice Services, and retain said record for not less than
seven (7) years. The legislation also makes the violation of these
provisions a class A misdemeanor.
Section 2. Establishes the effective date.
JUSTIFICATION:

While New York State law currently requires that a background check be
conducted when an individual seeks to purchase a firearm, there is no
such requirement for the purchase of ammunition. This inexcusable gap
in the law permits convicted felons and the dangerously mentally ill
to easily buy deadly ammunition without any checks or oversight. A
dangerous individual who has purchased a gun on the black market or
through a straw purchaser can simply go to his nearest sporting goods
store and acquire the means to kill. This common sense bill closes the
current gap, and will help keep bullets out of the hands of those who
are not permitted to possess firearms in the first place.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
7829
I N S E N A T E
August 1, 2012
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to requiring a
national instant criminal background check to be conducted on each
person purchasing ammunition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
38-B to read as follows:
ARTICLE 38-B
SALE OF AMMUNITION
SECTION 825. SALE OF AMMUNITION.
S 825. SALE OF AMMUNITION. 1. PRIOR TO THE SALE OR TRANSFER, AT
RETAIL, OF ANY QUANTITY OF AMMUNITION TO AN INDIVIDUAL, THE RETAIL DEAL-
ER OF SUCH INDIVIDUAL SHALL CAUSE A NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK TO BE CONDUCTED UPON SUCH PERSON IN ACCORDANCE WITH 18 U.S.C. S
922.
2. UPON THE SALE OR TRANSFER OF ANY QUANTITY OF AMMUNITION, AT RETAIL,
THE RETAIL DEALER SHALL RECORD THE NAME, ADDRESS, DATE OF BIRTH AND
TELEPHONE NUMBER OF THE PURCHASER, AND THE QUANTITY, BRAND, TYPE AND
CALIBER OR GAUGE OF THE AMMUNITION PURCHASED OR TRANSFERRED. WITHIN
THREE DAYS OF EACH PURCHASE OR TRANSFER OF SUCH AMMUNITION, THE RETAIL
DEALER SHALL FORWARD A COPY OF SUCH INFORMATION TO THE DIVISION OF CRIM-
INAL JUSTICE SERVICES. SUCH DEALER SHALL MAINTAIN SUCH RECORDS UPON THE
PREMISES OF THE BUSINESS FOR A PERIOD OF NOT LESS THAN SEVEN YEARS.
3. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16411-02-2

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